Common use of Constructor Clause in Contracts

Constructor. (a) The Contractor shall be the “constructor” at the Job Site and with respect to the Work for the purposes of the Occupational Health and Safety Act (Ontario) and shall nominate from among its personnel a contact person for issues relevant to such constructor role. As constructor Contractor shall do everything that is reasonably practicable to establish and maintain a system or process at the worksite that shall promote compliance with the applicable Occupational Health and Safety Act (Ontario) and its regulations. (b) The Contractor shall advise anyone performing the Work who may enter the Job Site, prior to their commencement of their portion of the Work as well as any Separate Contractors, that it is the constructor, that they shall comply with the requirements of the Occupational Health and Safety Act (Ontario) and cooperate with the Contractor’s directions with respect to the Occupational Health and Safety Act (Ontario) and directives that are safety related and that failure to do so could result in termination of their contracts. (c) The Owner may, at its sole and absolute discretion for reasons of health and safety, cause parts of, or all of, the Work or Project to be stopped, or Subcontractors or any construction aids to be removed or excluded from the Job Site. (d) The Contractor shall have complete and sole responsibility for all health and safety matters regarding the Work including compliance with all requirements pursuant to applicable Laws, familiarizing all relevant Persons with the provisions of the Occupational Health and Safety Act (Ontario) that apply to the Work and all potential or actual dangers to health and safety in the workplace and as otherwise set out in this Agreement. (e) The Contractor shall initiate, maintain and take complete responsibility for supervising health and safety precautions and programs necessary to comply with Laws and to prevent injury to Persons or damage to property on, about or adjacent to the Job Site and shall be responsible for submission of the required notice of project and registration form under the Occupational Health and Safety Act (Ontario).